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HomeMy WebLinkAboutCouncil Minutes - 1999-05-25 SMAY 25, 1999 SPECIAL COUNCIL MINUTES CITY OF KITCHENER A special meeting of City Council was held at 12:00 p.m. this date and Chaired by Mayor C. Zehr with all members present. Notice of this special meeting had been previously given to all members of Council by the City Clerk pursuant to Chapter 25 (Council Procedure) of the Municipal Code. The first item on the agenda of the Special Council meeting dealt with consideration of any recommendations arising from the Finance and Administration Committee meeting of this date concerning requests to relocate the existing adult entertainment parlour of R. Zivkovic to either 1206 or 3160 King Street East. Councillor T. Galloway previously gave Notice of Motion at the May 17, 1999 Council meeting that he would be requesting reconsideration this date of Council's December 15, 1997 decision related to the relocation of an adult entertainment parlour to 1206 King Street East. Councillor J. Ziegler stated that he did not have a conflict of interest in this matter but rather had an interest in-common with other residents on King Street East by virtue of his residence opposite 3160 King Street East. Councillor Ziegler left his Councillor's position and did not participate in discussion or voting in respect to the requests pertaining to Mr. Zivkovic's adult entertainment parlour. Councillor B. Vrbanovic was absent for the vote of reconsideration. Moved by Councillor T. Galloway Seconded by Councillor G. Lorentz "That Council reconsider its decision of December 15, 1997, to take no action on the request of Mr. Randy Zivkovic for permission to relocate an adult entertainment parlour to 1206 King Street East, Kitchener." Carried with required two thirds majority vote of members present. Interest and Abstention: Councillor J. Ziegler previously removed himself from his Councillor's position after having stated that he did not have a conflict of interest in this matter, but an interest in-common with other residents on King Street. Councillor B. Vrbanovic entered the meeting at this point. Mayor C. Zehr asked that Council deal with the recommendation of the Finance and Administration Committee meeting of this date pertaining to 3160 King Street East. Moved by Councillor T. Galloway Seconded by Councillor G. Lorentz "That no action be taken on the request of Mr. Randy Zivkovic to relocate an adult entertainment parlour to 3160 King Street East, Kitchener." Carried. Councillor J. Ziegler was absent for the above vote as he previously removed himself from his Councillor's position after having stated that he did not have a conflict of interest in this matter, but an interest in-common with other residents on King Street. Mayor C. Zehr asked that Council consider Mr. Zivkovic's proposed location at 1206 King Street East. Councillor B. Vrbanovic requested clarification with regard to a map pertaining to 1206 King Street East presented by Ms. J. Koppeser, Manager of Licensing. She advised that a laneway shown on the map had a 14 foot width and that an adjacent home was either at the side of, or across the lane from, 1206 King Street East depending on how the map was interpreted. Mayor C. Zehr then called on any delegations that wishing to appear regarding 1206 King Street East. MAY 25, 1999 SPECIAL COUNCIL MINUTES - 243 - CITY OF KITCHENER Mr. M. Jaeger, of Graydon Sheppard, appeared as the solicitor for Mr. Zivkovic. He referred to the definition of 'street' within the City's Zoning By-law pointing out that a 'street' had a minimum width of 12.19 metres and that the City's Iocational criteria makes reference to 'street'. He suggested that the laneway was just that and that he was not sure that the laneway goes through to any other street. Mr. Jaeger stated that the laneway did not fit the definition of 'street' and should not be used against his client with respect to Iocational criteria. Further he noted that the 91.4 metre distance separation substantially met the City's Iocational criteria and requested that Council approve his client's request to relocate his adult entertainment parlour to 1206 King Street East. Mr. J. Shivas, City Solicitor, pointed out that the intent of the Iocational criteria for adult entertainment parlours was to protect existing residents in close proximity to such use. The City's Zoning By-law defines 'street' for zoning purposes but the criteria's purpose was to protect nearby residences. It was his view that a 14 foot public laneway between a residence and 1206 King Street East with a door to the lane falls within the Iocational criteria. Mr. Shivas referred to the Iocational criteria approved by Council and emphasized that the onus was on the operator to find a location that met all the criteria or to make a case for relief from such criteria. He pointed out that on the issue of relief, the applicant's solicitor had advised that his client had not approached neighbours to obtain their consent for Council's consideration in deciding whether to grant relief. Further, Mr. Shivas suggested that the applicant could be asked if he would approach affected neighbours in this regard. Also, he pointed out that there was the issue of the nearby church that was referred to at the Finance and Administration Committee meeting of this date. As well he stated that Council to date had granted no relief from distance separation from a church and the Court had not found this to be problematic. Councillor B. Vrbanovic questioned Mr. Jaeger whether the neighbouring property on Sydney Street or the nearby church had been approached by his client with regards to this matter, and Mr. Jaeger advised that no approach had been made to either of these properties and this was not required. Councillor Vrbanovic commented that whether the proposed relocation is across the street or side by side to a residence was a matter of semantics. He also disagreed with Mr. Jaeger's submission that 1206 King Street East was no different than 1081 King Street East which was acceptable to the Court. 1081 King Street East has no church within 100 metres and no residences beside or across. Councillor Vrbanovic expressed the view that Mr. Zivkovic's request to relocate to 1206 King Street East does not sufficiently meet the Iocational criteria established by Council with regards to adult entertainment parlours. Moved by Councillor B. Vrbanovic Seconded by Councillor T. Galloway. "That no action be taken on the request of Mr. Randy Zivkovic for permission to relocate an adult entertainment parlour to 1206 King Street East, Kitchener." A recorded vote was requested. In favour: Mayor C. Zehr and Councillors K. Taylor-Harrison, M. Yantzi, John Smola, Jake Smola, B. Vrbanovic, J. Haalboom, T. Galloway, G. Lorentz and C. Weylie. Contra: None. Motion Carried. Interest and Abstention: Councillor J. Ziegler previously removed himself from his Councillor's position after having stated that he did not have a conflict of interest in this matter, but an interest in-common with other residents on King Street. Councillor J. Ziegler re-entered the meeting at this point. MAY 25, 1999 SPECIAL COUNCIL MINUTES - 244 - CITY OF KITCHENER Council was in receipt of a memorandum dated May 17, 1999 from Ms. L. MacDonald requesting authority to execute an agreement to lease 417 King Street West for the operation of a municipal parking lot. This matter was deferred at the May 17, 1999 Council meeting and referred to the meeting this date pending additional information which was provided in the form of a report from Mr. J. McBride and D. Snow, dated May 19, 1999. In response to Councillor Jake Smola, Mr. J. McBride advised that there was no cost to maintain the parking lot except approximately $500.00 annually toward snow removal. Moved by Councillor M. Yantzi Seconded by Councillor Jake Smola "That the Mayor and Clerk be authorized to execute and agreement, satisfactory to the City Solicitor, with Wittington Properties Limited, for the lease of 417 King Street West, Kitchener, for the purpose of operating a municipal parking lot." Carried. Council considered a recommendation arising from the Finance and Administration Committee meeting held this date concerning a request of the Kitchener Downtown Business Association on behalf of the Motorcycle Show and Shine event. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway "That the request of the Kitchener Downtown Business Association be approved to locate food vendors on King Street between Frederick Street and Scott Street as part of the Motorcycle Show and Shine on May 28, 1999." Carried. Council also dealt with an additional recommendation arising from the Finance and Administration Committee meeting this date concerning a request from La Diferenza Cafe, 60 Frederick Street, relative to a liquor licence application. Moved by Councillor J. Ziegler Seconded by Councillor T. Galloway "That Council take no action to oppose the application for a liquor licence by La Diferenza Cafe, 60 Frederick Street, Kitchener." Carried. Council considered a recommendation arising from the Public Works and Transportation Committee meeting held this date dealing with a request for exemption from the Noise By-law during reconstruction of Lydia Street. Notice of addition of this item to the Special Council meeting agenda was given by Mr. L. Neil on Friday May 21, 1999. Moved by Councillor John Smola Seconded by Councillor B. Vrbanovic "That the City of Kitchener and its Contractor(s) be exempt from the provisions of Chapter 450 (Noise) of the City of Kitchener Municipal Code - Article 6 (Construction Work), during the reconstruction of Lydia Street between Krug Street and Cameron Street, and all related work between the hours of 6:00 p.m. to 7:00 p.m. during the period from May 25, 1999 to July 10, 1999." Carried. Moved by Councillor G. Lorentz Seconded by Councillor B. Vrbanovic "That an in-camera meeting of City Council be held immediately following recess of this Special meeting to consider two personal/labour relations matters and two matters subject to solicitor-client privilege." Carried. MAY 25, 1999 SPECIAL COUNCIL MINUTES - 245 - CITY OF KITCHENER The meeting then recessed at 12:15 p.m. and reconvened at 2:55 p.m. and was Chaired by Mayor C. Zehr with all members present. Moved by Councillor G. Lorentz Seconded by Councillor M. Yantzi "That leave be given the Mover and Seconder to introduce the following by-law, and that the same be taken as read a first, second and third times, be finally passed and numbered serially by the Clerk: (a) To confirm all actions and proceedings of the Council. (By-law No. 99-94) Carried. On motion the meeting adjourned at 2:56 p.m. MAYOR CLERK